Divorce Questions & Answers

Q: I have been married for 32 years to a man who is in a union, am I entitled to pension benefits ? we are divorcing

1 Answer | Asked in Divorce for Oregon on Feb 10, 2015

Answered on Apr 16, 2015

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Vincent J. Bernabei's answer
Yes. In Oregon, there is a presumption that each spouse is entitled to receive 50% of all pension benefits that were earned during the marriage.

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Q: I was married in Alabama been seperated for 2 years. I am now living in Maryland can I file for a divorce in Maryland

1 Answer | Asked in Divorce for Maryland on Apr 5, 2015

Answered on Apr 16, 2015

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Evan M. Koslow's answer
If you have lived here for over a year yes. However, if there are children involved who live in Alabama or property in Alabama or she would be seeking alimony and you do not personally serve her it may be better for you to file in Alabama.

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Q: Lived in Vegas, married wife there in 2013. 4 mos. later she left 4 another man. I'm now in Fl. Can I divorce her here?

2 Answers | Asked in Divorce for Florida on Apr 15, 2015

Answered on Apr 16, 2015

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Robert Jason De Groot's answer
Go see an attorney about this. Yes, it can be done in FL. There are a few ways to get this done, the easiest is if she will sign the necessary documents, and the other is if she will not.

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Q: I have been separated from my husband for 4 years. I live in Mason County, IL and he lives in LaSalle County, IL

1 Answer | Asked in Divorce for Illinois on Dec 9, 2014

Answered on Apr 9, 2015

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J. Richard Kulerski Esq.'s answer
Yes. In IL, a divorce may be filed in the county in which EITHER spouse resides.

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Q: How may I find the form " Petition For Rule to Show Cause" for St Clair County Illinois concerning a Divorce Judgment

1 Answer | Asked in Divorce for Illinois on Apr 9, 2012

Answered on Apr 9, 2015

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J. Richard Kulerski Esq.'s answer
I do not practice in St. Clair County, but in the IL counties where I do practice, there is no form for a Petition for a Rule. We have to hand-craft them.

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Q: Does the order of default by stipulation in a divorce the final step in a divorce?

1 Answer | Asked in Divorce for Illinois on Nov 30, 2012

Answered on Apr 9, 2015

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J. Richard Kulerski Esq.'s answer
It is merely a step, but it is not the last step. If nothing was done after the default order was entered, you would not have a divorce.

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Q: What age in Ill can a child refuse to go with the other parent house in a divorce case during a visitation

1 Answer | Asked in Divorce for Illinois on Sep 4, 2013

Answered on Apr 9, 2015

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J. Richard Kulerski Esq.'s answer
The only correct answer to your question is age 18. The judge may listen to what an older teenager wants, but the judge is NOT bound to follow the child's wishes.

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Q: if you are considering divorce and leave the marital residence, can you lose it in the divorce proceedings

1 Answer | Asked in Divorce for Illinois on Jun 9, 2014

Answered on Apr 9, 2015

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J. Richard Kulerski Esq.'s answer
No. Moving out, in and of itself, does not affect your rights to the house. Many non-lawyers think this is abandonment, and this is pure myth.

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Q: If i haven't been served yet, can i leave my spouse and still have rights to marital assets?

1 Answer | Asked in Divorce for Illinois on Sep 15, 2014

Answered on Apr 9, 2015

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J. Richard Kulerski Esq.'s answer
Yes, based on the facts you have provided, your rights are NOT affected by your moving out.

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Q: Is it automatic that spousal maintenance stops upon remarriage or cohabitation? Does that wording need to be added?

1 Answer | Asked in Divorce for Illinois on Nov 7, 2014

Answered on Apr 9, 2015

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J. Richard Kulerski Esq.'s answer
Modification is not termination. Based on the facts you have provided, remarriage or cohabitation should still terminate maintenance, but you have to file and present a Motion to Terminate with the court.

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Q: Live in Illinois. Divorced 4 years. I pay child support. Lost my job unemployment benefits gone. Can't pay child support

1 Answer | Asked in Divorce for Illinois on Jan 16, 2015

Answered on Apr 9, 2015

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J. Richard Kulerski Esq.'s answer
You must go back to the court where the divorce was entered, and present a motion to abate child support until you resume receiving income. If you do not do this, you will still be required to pay. The judge will not hold you in contempt, but the $1,208 per month will continue to add up against you.

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Q: What grounds can i file divorce based on husband sexually abusing my daughter. He is stepfather.

1 Answer | Asked in Divorce for Illinois on Jan 30, 2015

Answered on Apr 9, 2015

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J. Richard Kulerski Esq.'s answer
I would argue that he has inflicted mental cruelty on you.

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Q: I'm filling for divorce from cook county. I'm the petitioner. He moved to Renton wa. Will he have to be served?

1 Answer | Asked in Divorce for Illinois on Feb 5, 2015

Answered on Apr 9, 2015

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J. Richard Kulerski Esq.'s answer
He must be served, or he must waive formal service of summons. Mailing the papers to him does nothing.

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Q: My brother missed a court date, and has not heard anything from the court or her lawyer. What might be happening?

1 Answer | Asked in Divorce for Illinois on Feb 15, 2015

Answered on Apr 9, 2015

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J. Richard Kulerski Esq.'s answer
Go to the office of the Clerk of the Circuit Court in the county where the case is pending, and examine the court file. The clerks will find the file for you. He may already be divorced, or a few other things could have occurred. You won't know intil you see the file, or hire a lawyer.

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Q: I inherited some land. The deed is in my & my ex's names. He is deceased. Do his heirs have legal interest in the land?

1 Answer | Asked in Divorce for Illinois on Mar 23, 2015

Answered on Apr 9, 2015

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J. Richard Kulerski Esq.'s answer
Your question wound up in Justia's divorce category, and it is really a probate question. You would be wise to check with a probate attorney, and I think you will like the answer.

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Q: Maintenance payment not fair. Is there anything I can do?

1 Answer | Asked in Divorce for Illinois on Feb 27, 2015

Answered on Apr 9, 2015

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J. Richard Kulerski Esq.'s answer
It is improper for the Justia attorneys to give advice to people who already have an attorney. Besides, your lawyer knows ALL of the facts of your case, and we don't. If you distrust the attorney you have now, you should get a second opinion from another attorney. This is best done in person.

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